How long of notice to give pasture lessee?

[jsm]

All,
How long should you give a lessee when terminating a pasture lease? I have someone leasing my pasture on a verbal lease who has decided to overstock it - outside of what we agreed to.

Thanks,
Joseph

 

[J&D Cattle]

I would think a minimum 30 days if nothing has been written. This wouldn't give him much time at all to find another place but plenty of time to get the cattle penned and shipped.

 

[branguscowgirl]

Agree. Kind of like a rental, 30 days. But I highly recommend a written agreement.

 

[Till-Hill]

Iowa law is written letter (certified letter) from lawyer before September 1st that terminates lease the following grazing season. Iowa Cattlemen Assoc. got it passed to on all leased acres not just ones over 40 acres that have to follow that law.

Iowa does not matter if you have a contract or verbal agreement. If my cows on on your pasture they will remain till grazing season is over if you terminate my lease. Not 30 days from today........
Talk to your lawyer that know's your state laws.

 

[Aaron]

Iowa law is written letter (certified letter) from lawyer before September 1st that terminates lease the following grazing season. Iowa Cattlemen Assoc. got it passed to on all leased acres not just ones over 40 acres that have to follow that law.

Iowa does not matter if you have a contract or verbal agreement. If my cows on on your pasture they will remain till grazing season is over if you terminate my lease. Not 30 days from today........
Talk to your lawyer that know's your state laws.

That's how it should be everywhere. Losing a rented parcel that is critical to the operation can break an operation pretty quick. Seen it happen a few times.

 

[branguscowgirl]

Iowa law is written letter (certified letter) from lawyer before September 1st that terminates lease the following grazing season. Iowa Cattlemen Assoc. got it passed to on all leased acres not just ones over 40 acres that have to follow that law.

Iowa does not matter if you have a contract or verbal agreement. If my cows on on your pasture they will remain till grazing season is over if you terminate my lease. Not 30 days from today........
Talk to your lawyer that know's your state laws.

That's how it should be everywhere. Losing a rented parcel that is critical to the operation can break an operation pretty quick. Seen it happen a few times.

I agree, but if a cattleman breaks the lease/agreement what is the recourse if you can not ask him to leave?

 

[Jogeephus]

Have you told the lessee of your views on his violation and given him the opportunity to fix it? I'd do that first and let him know you will be terminating the lease if he does not remedy the situation.

 

[Aaron]

Have you told the lessee of your views on his violation and given him the opportunity to fix it? I'd do that first and let him know you will be terminating the lease if he does not remedy the situation.

That is what I would do. Fix the problem within so many days or you won't have the place next year.

 

[3waycross]

Have you told the lessee of your views on his violation and given him the opportunity to fix it? I'd do that first and let him know you will be terminating the lease if he does not remedy the situation.

That is what I would do. Fix the problem within so many days or you won't have the place next year.

+1

 

[jsm]

Thanks for all the replies. Yes, he has said he will move some off. I will see how it goes. I am going to give him until the end of May to fix it. He is running 20 head on 60 acres, when the deal was 10 head.

If he decides to push me, I am going to tell him that I am giving him his money back and he will have 60 days to remove them.

I should have had a written lease as I did the first year. Things were going well, so I figured I was OK to just renew it without a signed agreement. Mistake on my part.

 

[Jake]

Thanks for all the replies. Yes, he has said he will move some off. I will see how it goes. I am going to give him until the end of May to fix it. He is running 20 head on 60 acres, when the deal was 10 head.

If he decides to push me, I am going to tell him that I am giving him his money back and he will have 60 days to remove them.

I should have had a written lease as I did the first year. Things were going well, so I figured I was OK to just renew it without a signed agreement. Mistake on my part.

Written and verbal leases are on and the same unless you had a clause in your original lease that can be used to supersede state law in order to terminate the agreement. You do need to check on local lease laws before you can take it away to make sure you are not on the wrong side of a legal suit.

 

[Jogeephus]

Thanks for all the replies. Yes, he has said he will move some off. I will see how it goes. I am going to give him until the end of May to fix it. He is running 20 head on 60 acres, when the deal was 10 head.

If he decides to push me, I am going to tell him that I am giving him his money back and he will have 60 days to remove them.

I should have had a written lease as I did the first year. Things were going well, so I figured I was OK to just renew it without a signed agreement. Mistake on my part.

In that case, you still have a written lease. At least in Georgia. All you did was extend the lease another year and this does not require anything more than payment and action and the original lease is still valid.

 

[Hook]

The lease should state all the terms including renewal details, #of head etc if the lease doesn't say, then you don't have much leverage

 

[1982vett]

Thanks for all the replies. Yes, he has said he will move some off. I will see how it goes. I am going to give him until the end of May to fix it. He is running 20 head on 60 acres, when the deal was 10 head.

If he decides to push me, I am going to tell him that I am giving him his money back and he will have 60 days to remove them.

I should have had a written lease as I did the first year. Things were going well, so I figured I was OK to just renew it without a signed agreement. Mistake on my part.

Ok.....now lets get into some specifics about the pasture (yes I understand you said 10 head and he has 20)....but hear this out. What type of grass is he putting 20 head on, in the spring, in Central Texas?

Did he overseed ryegrass and fertilize?......To be fair, if he did, the 60 acres should very well support 20 head without damage. Grazing pastures no shorter then "X" may be a better tool to use rather limiting to a number of head. I always have much more grass in the spring than I do in the Summer. Given decent rainfall, 60 acres should have way more than enough grass for 20 head this time of the year. But then again, I haven't seen your place to know. Just food for thought.

Glad he is agreeable to reduce his numbers.

 

[Calhoun Farm]

What kind of pasture do you have? Mostly dust lol. We can run 40 head on one of our 20acre pastures no problem.

 

[skyhightree1]

no contract with specifics is always a problem you never want to leave anything for interpretation up to a gov't official you gotta make it clear cut and dry. 2nd you can give a 30 day eviction but if they do not listen to it that can be drug out and then you have to go through the legal process. i agree with jo though and allowing him to do right. If I put 20 head on 60 acres the grass would be out of control in a hurry.